Loan Forgiveness Litigation Roundup
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
Executive Power
Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
Trump Says Taking Presidential Records to Mar-a-Lago Automatically Made Them His Property
According to the former president's lawyers, his decision to retain the documents made them "personal."
8th Circuit Rules States Have Standing to Challenge Biden's Loan Forgiveness Plan [Updated]
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
National Constitution Center Project Offers Constitutional Amendment Proposals with Broad Cross-Ideological Support
The proposals were agreed on by members of the conservative, libertarian, and progressive teams participating in the NCC's earlier constitution drafting project.
Six States File Lawsuit Challenging Biden Student Debt Cancellation Program
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
The First Significant Lawsuit Challenging Biden's Student Loan Forgiveness Plan [Updated]
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Assessing an Alternative Legal Justification for Biden's Student Loan Debt Cancellation Policy
Relying on Section 432(a) of the Higher Education Act of 1965, as some propose, has many of the same flaws as the Administration's emergency powers theory.
Will Biden's Student Loan Debt Cancellation Plan Hold Up in Court?
The president claims broad authority to act under a post-9/11 law.
The Student Loan Forgiveness Fiasco
Plus: Spider study sheds light on how misinformation spreads, Airbnb regulation ruled unconstitutional, and more...
D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
Cato Supreme Court Review Article on the Supreme Court's January 2022 Vaccine Mandate Decisions
I am one of the relatively few people who think the Court got both cases right.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
If You Care About Democracy, Don't Ask Biden To Invoke Emergency Powers
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
Trump and Steve Bannon Waive Executive Privilege they do not Have
The "waiver" opens the door for Bannon to testify before the congressional January 6 Committee. But former presidents are not entitled to executive privilege, and especially not when it comes to testimony by private citizens.
Supreme Court Ruling in "Remain in Mexico" Case is a Win for Biden, Migrants - and Fans of Presidential Power
The ruling likely allows end of a cruel policy - but also reinforces broad presidential control over immigration.
The Defense Production Act Has Become a License for Central Planning
If home insulation is a "critical technology item essential to the national defense," then what isn't?
The 10th Anniversary of DACA
A compendium of my writings defending the morality and legality of this program - but also warning that it remains imperiled unless and until Congress passes a law institutionalizing it.
New Resolution Would Allow the President To Send U.S. Troops to Ukraine
Like AUMFs before it, Rep. Adam Kinzinger’s proposed authorization would lead to less transparency in conflicts and more unilateral decision making.
COVID Revealed America To Be a Nation of Rulers, Not of Laws
Life is returning to "normal" after two years, but that normal includes even fewer limits on executive powers.
My New Article on "Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases"
The eviction moratorium and Title 42 "public health" expulsion cases have many parallels that may have been ignored because of their differing ideological valence. Both strengthen the case for nondeferential judicial review of the exercise of emergency powers.
Progressive Lawmakers Ask Joe Biden To Do Their Jobs for Them With Executive Orders
Someone might want to remind them that Democrats have a majority in both congressional chambers.
Washington Legislature Won't Limit Gov. Jay Inslee's Indefinite, Dictatorial COVID Emergency Powers
Then why even have a legislature?
New York State Supreme Court Judge Strikes Down Statewide Mask Mandate
The New York State Supreme Court ruled that Governor Hochul and the health commissioner did not have the authority to mandate a masking requirement
Starbucks Rescinds Employee COVID-19 Vaccine Mandate
Starbucks has decided the vaccine mandate isn't good for their business
In the Case That Blocked OSHA's Vaccine Mandate, the Justices Disagreed About When COVID-19 Counts As a Workplace Hazard
The crux of the argument is the distinction "between occupational risk and risk more generally."
Divided Sixth Circuit Panel Refuses to Stay Injunction Against Vaccine Mandate for Federal Contractors
The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.
George Will Loves To Argue About America
The octogenarian columnist has a lot to say about happiness and history in the United States.
Would an Independent Commission Solve the Clemency Backlog?
A new bill would transfer the review of petitions from the Justice Department to a presidentially appointed board.
D.C. Circuit Rejects Trump Effort to Block Release of Documents to January 6 Committee
Will the Supreme Court step in?
District Court Issues National Injunction Against Biden Administration Vaccine Mandate for Federal Contractors
Two federal district courts have now ruled against the mandate for federal contractors.
A Federal Judge Denied Trump's Claims of Permanent Executive Privilege
In denying the former president's claims of executive privilege, a federal judge sets a blueprint which should apply to sitting presidents as well.
DC Circuit Temporarily Blocks Release of White House of January 6 Documents
A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.
District Court Rejects Trump's Executive Privilege Claim for January 6 Records (Updated)
In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
Holding Steve Bannon in Contempt
Congress prepares to assert its investigative authority.
The Ultimate Check: Understanding the Impeachment Clause
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
The President at War
History supports neither the plenary presidential power advocated by some nor the complete congressional dominance advocated by others.
The Domestic Policy Czar
A revival of the nondelegation doctrine isn’t likely to massively retrench either the scope of the regulatory state or the president’s ability to steer agency discretion.
The Bureaucrat in Chief
Behind the technicalities of the appointment and removal power is a difficult tradeoff between democratic accountability and impartiality in implementing laws.
Taking a Fresh Look at Presidential Power
Political polarization inevitably warps our views of presidential actions, making an even-handed approach all the more crucial.
Federal Court Rules Against Title 42 "Public Health" Expulsions of Migrants
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
Can Biden's Vaccination Rule for Private Employers Survive Judicial Scrutiny?
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
